945 N. Stone Ave., Suite 100, Tucson, AZ, 85705

Weapons Misconduct Defense Attorney in Tucson

Pima County Defense Lawyer for Misconduct Involving Weapons Charges

Arizona Lawyer for Federal Gun Charges

At The Behan Law Group in Tucson, we know the laws in Arizona that pertain to the ownership, possession, and carrying of firearms are rather permissive when compared to similar laws in other states. In general, a person does not need to obtain a license or permit to own, possess, or carry a gun, including concealed carry. The state's gun laws might not be particularly restrictive, but there are many ways in which a person might face criminal charges for misconduct involving a weapon. Such charges may be brought at the state or federal level.

Misconduct Involving Weapons in Arizona

The vast majority of weapons violations in Arizona are addressed in Section §13-3102 of the Arizona Penal Code. These violations are collectively known as "misconduct involving weapons," and there are many different actions and activities that are prohibited under this statute. You could face criminal charges for weapons misconduct if you are accused of:

  • Failure to notify law enforcement. If you have a firearm on your person or in your vehicle and you are contacted by a police officer or other law enforcement officer, you must notify the officer of the gun's existence and location.
  • Possession as a prohibited possessor. You are not allowed to possess a firearm if you have been deemed a danger to yourself or others, have been convicted of a felony, are currently serving a prison term, are on probation for domestic violence, are on parole, or have been deemed incompetent by a criminal court.
  • Selling or transferring to a prohibited possessor. You may not sell or give a firearm to anyone that you know to be a prohibited possessor under the law.
  • Concealed carry under age 21. Arizona law provides that only adults age 21 and over may carry a concealed firearm.
  • Defacing a firearm or possessing a defaced firearm. Filing off a serial number or other identifying marks on a firearm is considered defacing and is against the law. It is also misconduct to possess a defaced gun.
  • Carrying a weapon in prohibited locations. It is against the law to possess a firearm at a nuclear power plant, hydroelectric facility, polling place, or on school grounds. Misconduct charges are also possible if you ignore a legal request to remove and store your weapon, such as at a public event with "no weapons" rules.
  • Possessing a weapon with the intent to commit a crime. If you commit a violent crime, serious crime, or any felony with a firearm on your person or in your vehicle, you could face weapons misconduct charges. Charges may also be filed if you give a weapon to someone you know is intended to commit a felony.
  • Discharging a firearm at an occupied structure (drive-by shooting). It is against the law to shoot at an occupied house or another building in connection with gang, criminal syndicate, or racketeering activities.
  • Terrorist activities. Using any weapons or explosives in acts of terrorism is considered the most serious form of misconduct involving weapons.
  • Weapons trafficking for organized crime. Selling or distributing firearms for financial gain to promote activities by a street gang, criminal syndicate, or racketeering enterprise may be prosecuted as weapons misconduct.

Charges for misconduct involving weapons are generally handled as felony offenses. Some are misdemeanors, but a felony weapons charge could leave you facing many years in prison. If you have been charged with weapons misconduct in Arizona, our firm is prepared to provide the aggressive, responsible defense you need.

Weapons and Violent Crimes

When a firearm is used—including shown or discharged—during the commission of drug crimes and other serious offenses, the charge for misconduct involving weapons may be added to the charge for the crime itself. As such, you could face additional consequences if you are convicted on both charges. Other offenses, including assault and robbery, may be elevated if they are committed with a deadly weapon. Charges for aggravated assault with a deadly weapon and armed robbery are more severe and carry increased penalties without the need for a secondary weapons misconduct charge.

Federal Weapons Charges Defense Attorney

Attorney Michelle Behan is a decorated veteran of the United States Navy and a former FBI Special Agent. Her background includes extensive weapons training and vast practical knowledge regarding firearms. She and her team will work to protect your rights and best interests, even if the charges against you have been filed in federal court.

Depending on the circumstances, you could face federal weapons charges for illegally obtaining or possessing a firearm or using a firearm in the commission of federal drug crimes or other offenses. The federal government may also investigate and prosecute weapons trafficking cases. The criminal consequences for a federal weapons conviction are extremely serious, and you could face many years in a federal correctional facility.

We Are Here to Help

For more information about state and federal gun laws and how they could affect your case, contact our office. Call 520-485-7143 to schedule a confidential consultation at The Behan Law Group today. We serve clients in and around Tucson and Pima County, Arizona.

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